SMART-TD Applauds FRA and DOT for Strengthening Cross-Border Rail Safety Protections

FOR IMMEDIATE RELEASE

Independence, Ohio — December 19, 2025—The SMART Transportation Division (SMART-TD) commends the U.S. Department of Transportation (DOT), the Federal Railroad Administration (FRA), and Transportation Secretary Sean Duffy for their decisive action to strengthen safety of our cross-border freight rail operations. 

Their actions follow from FRA inspections that identified serious safety concerns, including difficulties interpreting General Track Bulletins, communicating with dispatchers and emergency responders, and inconsistencies in hazardous materials documentation. All these issues pose unacceptable risks in U.S. rail operations. 

As a result, the FRA has clarified and reinforced the federal safety requirements to ensure trains operating on U.S. rail infrastructure are handled by properly certified, qualified, and English-proficient professionals. 

“These actions by the FRA and DOT reaffirm a fundamental principle of rail safety in this country: trains operating in the United States must be operated by crews who are fully qualified under U.S. law and able to communicate clearly in safety-critical situations,” said SMART-TD President Jeremy Ferguson. “We thank Secretary Duffy, the FRA, and Administrator David Fink for listening to working railroaders and taking meaningful steps to protect our members, our communities, and the American public.” 

Key Safety Clarification and Requirements

Under the FRA’s clarified approvals and directives: 

• Only FRA-certified locomotive engineers and conductors may operate trains in the United States. 

• Foreign-domiciled crews who are FRA-certified and proficient in English may operate freight trains no more than 10 miles into the United States from the point of entry, solely to reach an established recrew point. 

• Any foreign crew that does not meet FRA certification requirements, English proficiency requirements, or both, must be stopped and recrewed immediately at the first available location, as determined by U.S. Customs and Border Protection (CBP) and the U.S. Border Patrol. 

• If a foreign crew requires the assistance of a translator or interpreter, that individual is performing a safety-critical function and must also be certified by the FRA in accordance with 49 CFR Parts 240 and 242 (Conductor and Engineer Qualified). 

These requirements follow FRA inspections that identified serious safety concerns, including difficulties interpreting General Track Bulletins, communicating with dispatchers and emergency responders, and inconsistencies in hazardous materials documentation. These issues pose unacceptable risks in U.S. rail operations. 

A Win for Rail Safety and Accountability

SMART-TD emphasized that these decisions do not restrict commerce but rather ensure that cross-border operations meet the same safety standards required of U.S. railroaders every day. 

“Our members operate under rigorous certification standards because lives depend on it,” National Safety & Legislative Director Jared Cassity stated. “The FRA’s actions make clear that safety is not optional, and that language barriers, insufficient training, or uncertified personnel have no place in U.S. rail operations.” 

SMART-TD also praised the FRA for continuing its comprehensive review of cross-border rail practices and for requiring rail carriers to update personnel policies to comply with federal safety law. 

Ongoing Commitment to Safety

Deputy National Safety & Legislative Director Don Roach specifically acknowledged Secretary Duffy, Administrator David Fink, and FRA safety professionals for their continued engagement with labor and their commitment to proactive oversight. 

“We look forward to continued collaboration with the DOT and FRA as they evaluate cross-border operations and ensure that rail safety remains the top priority,” SMART-TD said. “These decisions send a clear message: protecting railroad workers and the public will always come first.” 

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For more information or to connect with SMART-TD President Jeremy Ferguson or a member of his leadership team, please contact: 

Dan Banks 
dbanks@smart-union.org  
(216) 227-5283 (Office)  
(330) 322-5949 (Cell)  

Alyssa Hansen 
alyssa.hansen@smart-union.org